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Chris T., JD, Attorney

Category: Legal

Satisfied Customers: 3999

Experience: Experienced in both state and federal court.

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I need to sue an ebay out of state buyer. I reside in Illinois

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I need to sue an ebay out of state buyer. I reside in Illinois and the buyer is in California.He slandered me that I shipped a broken TV to claim FedEx insurance money and he gave me a negative feedback. But the pictures of good working TV was shown on the advertisement and the buyer was aware of it. The TV was shipped in good condition to him, I have witness and FedEx accepted it.His negative feedback make significant impact on my sales. Financial hurt is huge. So, How can I sue this lair?

TexLawyer :In his feedback, did he give a reason for the negative rating, or did he just give the rating without explanation?

Customer: Let me state his statement as is. Please give me a moment.

TexLawyer :Thank you. It is important because the specific wording is very important to a slander case. In order to be actionable, it must be a misstatement of FACT, not just a negative opinion.

Customer: This is his statement: "Seller shipped me a broken TV to get FedEx insurance money. Stay AWAY from him."

TexLawyer :OK. That would be an actionable statement, since it is essentially him accusing you of a crime.

Customer: I put several screenshots of good working TV on the product description. And everyone can see it.

Customer: Yes, I put the TV in the box with my wife with all accessories. FedEx accepted it. And I detailed him with all this.

Customer: The main reason of his such slander is his demand to send him another TV for the same price.

Customer: But when I said that I do not have another TV that made him mad and he went into attack.

TexLawyer :OK. That would certainly hurt his credibility in the eyes of a judge or jury.

Customer: So, am I allowed to sue him when hi is out of state?

TexLawyer :Well, to answer your question, you have the beginnings of a good defamation case. However, there are a few hurdles to overcome.

Customer: What is that?

TexLawyer :Yes, you can sue an out of state defendant since he did business with you in Illinois. Also, you always have the option of suing him in CA court.

Customer: I was thinking about small case..

Customer: I do not want to go to California. I need him to come to Illinois.

TexLawyer :There are two hurdles I can see. First off, your damages must be sufficient enough to warrant the expense of pursuing a lawsuit, keeping in mind that suing an out of state defendant is more expensive.

Customer: The damage is concrete loss of sale on Ebay because of his anbased slander and lie.

TexLawyer :Second, it is very possible that he doesn't have any money to pay a judgment in the first place. If you sued him in Illinois, he would probably not show up, which is obviously good for you since you would get a default judgment. However, you then have to execute on that judgment, which costs more money on your end.

Customer: I think he does have money since he paid $1000 for 65 inch LED tv. Not everyone is capable to do that.

TexLawyer :He well may, but it is just a consideration.

TexLawyer :Also, it depends on how much the potential judgment is for.

Customer: Also. if the court makes a decision in my favor can we demand Ebay to eliminate the fedback.

Customer: I want to sue him for up to $10000 that will be equivalent of my loss because of his action.

TexLawyer :Without involving Ebay in the lawsuit, no. However, if you have a judgment from a court that the statement was found to be untrue, Ebay may have a policy to remove the statement.

TexLawyer :If you can prove losses of $10,000, you certainly can sue him for that amount.

Customer: Does the fact that this sale is done under Ebay makes impossible to sue the buyer? What is your experience with Ebay or similar actions, if any?

TexLawyer :I've never had an experience suing an Ebay buyer, but that should not make it impossible to sue him. You will just have to get a subpoena from a court to get his subscriber information. That can be a tricky process, but if you hire a lawyer, they should know how to do that.

Customer: I know his name and address, I think it should be enough to fill the papers, is not it?

TexLawyer :Yes, that is all you would need. Once you have that, you don't need to involve Ebay (until you attempt to get the negative feedback removed).

Customer: I see, thanks

TexLawyer :Here is information on how to remove negative feedback on Ebay:

TexLawyer :http://pages.ebay.com/help/feedback/questions/remove.html

TexLawyer :http://pages.ebay.com/help/policies/feedback-removal.html

Customer: Thanks again, I am aware of it. But it is more tricky that one may think. Ebay is reluctant to help, even though they have all evidences.

TexLawyer :OK. Just wanted to make sure you knew.

TexLawyer :Can I do anything else for you?

Customer: One thing that worries me in your advice. That is the possibility of the buyer not coming to court.

Customer: That more likely what may happen. And if the court makes judgment in my favor how should I get the damage from him?

TexLawyer :If he doesn't show up to court after being properly served with notice, you get a default judgment, which means you get everything you asked for. Like I said earlier, that means that you will then have to go collect through various legal means (lien on his home, levy his bank account, garnish wages, etc.).

Customer: In what court should I file the case: state or federal?

TexLawyer :State.

Customer: Thank you very much. That is all for now.

TexLawyer :Glad to help.

TexLawyer :If there isn't anything else I can do for you, please remember to "rate" my answer. Good luck.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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